[Senate Report 111-337]
[From the U.S. Government Publishing Office]
Calendar No. 624
111th Congress Report
2d Session SENATE 111-337
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CHILD PROTECTION COMPACT ACT OF 2010
_______
September 28, 2010.--Ordered to be printed
Mr. Kerry, from the Committee on Foreign Relations,
submitted the following
REPORT
[To accompany S. 3184]
The Committee on Foreign Relations, having had under
consideration the bill (S. 3184) to provide United States
assistance for the purpose of eradicating severe forms of
trafficking in children in eligible countries through the
implementation of Child Protection Compacts, and for other
purposes, reports favorably thereon and recommends that the
bill do pass.
CONTENTS
Page
I. Purpose..........................................................1
II. Committee Action.................................................1
III. Discussion.......................................................1
IV. Cost Estimate....................................................2
V. Evaluation of Regulatory Impact..................................3
VI. Changes in Existing Law..........................................3
I. Purpose
The purpose of S. 3184 is to provide incentives to protect
and rescue children subjected to severe forms of trafficking in
persons or sexual exploitation through the establishment of
Child Protection Compacts between the United States and select,
eligible countries.
II. Committee Action
Senators Boxer, Cardin, and Brownback introduced S.3184 on
March 25, 2010. On September 21, 2010, the committee ordered
the bill reported favorably by voice vote.
III. Discussion
S.3184 authorizes the Secretary of State, acting through
the Office to Monitor and Combat Trafficking in Persons (G/TIP)
of the Department of State, to enter into agreements, or
Compacts, with selected eligible countries on strategies to end
the trafficking, exploitation, and enslavement of children. The
purpose of the Act is to provide incentives for Tier 2 or Tier
2 Watch List countries to work in partnership with the United
States to strengthen their institutional responses to
trafficking of children, especially in the areas of protection
of vulnerable children and prosecution of traffickers. The
Compact sets forth the specific objectives that the country and
the United States expect to achieve during the term of the
Compact and the particular programs or initiatives to be
undertaken, including regular outcome indicators to monitor
progress.
The Compacts, whose criteria are established in Section 6,
are three-year plans for achieving shared objectives. A Compact
should take into account existing national child protection
strategies and national action plans for human trafficking of
the country and should contain the specific objectives that the
country and the United States expect to achieve during the term
of the Compact. In addition to stated criteria, a country
should be selected on the basis of a documented high prevalence
of trafficking of children and demonstrated political will and
sustained commitment to undertake meaningful measures to
address severe forms of trafficking in children.
The Act authorizes the Secretary to provide assistance for
each country that enters into a Compact with the United States.
The bill expresses the sense of Congress that, of the total
amounts to be appropriated for fiscal years 2011 through 2013
for the Department of State and foreign operations, up to
$30,000,000 should be used to carry out the purposes of this
Act. The amount of any single Compact shall not exceed a total
of $15,000,000.
The Secretary may terminate assistance in whole or in part
for a country or entity if the Secretary determines that the
country or entity is engaged in activities which are contrary
to the national security interests of the United States; the
country or entity has engaged in a pattern of actions
inconsistent with the criteria used to determine the
eligibility of the country or entity; or the country or entity
has failed to adhere to its responsibilities under the Compact.
The Secretary may reinstate assistance for a country or entity
only if the Secretary determines that the country or entity has
demonstrated a commitment to correcting each condition for
which assistance was suspended or terminated.
S. 3184 intends for successful pilots in selected focus
countries to serve as models for replication elsewhere. G/TIP
should conduct baseline and follow-up studies of the prevalence
of victimization at the beginning and end of focus country
programs and of government capacity to rescue child victims and
bring perpetrators to justice.
Congressional oversight is built in through a requirement
that the Ambassador-at-Large of G/TIP consult with appropriate
congressional committees about the objectives and proposed
mechanisms to implement the Compact and provide oversight not
later than fifteen days prior to the start of negotiations of a
Compact with a country. Not later than ten days after entry
into force of a Compact with a country, the Ambassador-at-Large
will notify the appropriate congressional committees and
provide a detailed summary of the Compact and a copy of the
text of the Compact.
IV. Cost Estimate
Rule XXVI, paragraph 11(a) of the Standing Rules of the
Senate requires that committee reports on bills or joint
resolutions contain a cost estimate for such legislation. To
date, the committee has not received the Congressional Budget
Office cost estimate.
V. Evaluation of Regulatory Impact
Pursuant to Rule XXVI, paragraph 11(b) of the Standing
Rules of the Senate, the committee has determined that there is
no regulatory impact as a result of this legislation.
VI. Changes in Existing Law
In compliance with paragraph 12 of Rule XXVI of the
Standing Rules of the Senate, the committee notes that no
changes to existing law are made by this bill.